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(영문) 서울북부지방법원 2013.09.25 2013고단1569
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 16:40 on June 28, 2013, the Defendant: (a) discovered that the victim C(the age of 62, female) under the influence of alcohol in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul was selling kimchi on the street; (b) demanded the victim to change the kimchi into a conspiracy; and (c) subsequently refused, the Defendant assaulted the victim’s neck by drinking once.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim C expressed his/her intention not to be punished after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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